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NAVY | BCNR | CY2008 | 07142-08
Original file (07142-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .

 

SIN
* Docket No: 07142-08
8 July 2009

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.

A three~member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies. In addition, the Board considered the advisory
Opinion furnished by Director, Council of Review Boards, dated

25 June 2008, a copy of which is attached.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
In this regard, the Board substantially concurred with the
comments contained in the advisory opinion. Accordingly, your

application has been denied. The names and votes of the members
of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

W. DEAN AFET

Executive Di

   
 

 

 

Enclosure
DEPARTMENT OF THE NAVY
' SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS
720 KENNON STREET SE STE 309

WASHINGTON NAVY YARD DC 20374-5023 IN REPLY REFER TO

 

1650
Ser NDBDM/205
25 June 2009

From: Director, SECNAV Council of Review Boards
To: Chairman, Board for Correction of Naval Records

  
 

Subj: coiiveNl BND Bae a CASE OF

Ref: (a) BCNR ltr SIN:jdh Docket No. 07142-08 9 Jun 09
(b) SECNAVINST 1650.1H

Encl: (1) BCNR File
(2) Service Record

1. As requested by refer ence (3), the Navy Department Board of Decorations and
Medals has reviewed Siam we. petition for award of the Purple Heart.

 

2. Perreference (b), ‘during World War If an individual must have been wounded
as a direct result of enemy action to be eligible for the Purple Heart. ‘Specifically,
consequential injuries received by a service member during or after an enemy
attack is not considered a wound received as a direct result of enemy action.

 

3. After careful review of the evidence submitted agg ae MI. naval
record, we have found no evidence showing that he meets the eli gibility criteria
that was in effect at that time to be awarded the Purple Heart.

A. The enclosures are returned as requested. If you require any further
information, please contact Ms. Suzanne Spray at (202) 685-175 0.

0. Cleuir—
R. CLAUSSEN -
By direction et

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